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  Drug Charges in Arizona - Jay F. Brown Attorney  

In Arizona, drug charges vary from possession of drugs or drug paraphernalia for personal use to dangerous drugs for sale or manufacture of drugs. The range of punishment for drug charges depends on the type of drug, quantity and intended purpose, for example - for sale.

Dangerous drugs - A.R.S. 13-3407.

  1. A person shall not knowingly:
    1. Possess or use a dangerous drug is guilty of a class 4 felony.
    2. Possess a dangerous drug for sale is guilty of a class 2 felony.
    3. Possess equipment or chemicals, or both, for the purpose of manufacturing a dangerous drug is guilty of a class 3 felony, except that if the offense involved methamphetamine, the person is guilty of a class 2 felony.
    4. Manufacture a dangerous drug is guilty of a class 2 felony.
    5. Administer a dangerous drug to another person is guilty of a class 2 felony.
    6. Obtain or procure the administration of a dangerous drug by fraud, deceit, misrepresentation or subterfuge is guilty of a class 3 felony.
    7. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a dangerous drug is guilty of a class 2 felony.

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Drug court program - A.R.S. 13-3422.

  1. Cases assigned to the drug court program may consist of defendants who are drug dependent persons and who are charged with a probation eligible offense under this chapter, including preparatory offenses.
  2. A defendant is not eligible for entry into the drug court program pursuant to subsections F and H of this section if any of the following applies:
    1. The defendant has been convicted of a serious offense.
    2. The defendant has been convicted of an sexual offense.
    3. The defendant has been convicted of an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury.
    4. The defendant has completed or previously been terminated from a drug court program other than a juvenile drug court program.
    5. The defendant has completed or previously been terminated from a drug diversion program other than a juvenile drug diversion program.
  3. A defendant is eligible for dismissal if the defendant is convicted of any of the following offenses:
    1. Possession or use of marijuana.
    2. Possession or use of a prescription-only drug.
    3. Possession or use of a dangerous drug.
    4. Possession or use of a narcotic drug.
    5. Possession or use of drug paraphernalia.

  4. Treatment Assessment Screening Center (TASC) Diversion.
    TASC diversion program is for cases involving personal possession of drugs where the prosecutor sometimes offers you an opportunity to complete a substance abuse education and treatment program as an alternative to criminal prosecution. To be eligible to participate in TASC, a person must meet some requirements, such as: not have prior felony convictions; not have previously participated in TASC; and not have been convicted of a misdemeanor drug charge within the last two years. Then upon successful completion of the program the case will be dismissed.

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Drug paraphernalia - A.R.S. 13-3415.

  1. It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.
  2. It is unlawful for any person to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a drug in violation of this chapter. Any person who violates this subsection is guilty of a class 6 felony.
  3. It is unlawful for a person to place in a newspaper, magazine, handbill or other publication any advertisement knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a class 6 felony.

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Marijuana - A.R.S. 13-3405.

  1. A person shall not knowingly:
    1. Possess or use marijuana having a weight of less than two pounds is guilty of a class 6 felony; having a weight of at least two pounds but less than four pounds is guilty of a class 5 felony; having a weight of four pounds or more is guilty of a class 4 felony.
    2. Possess marijuana for sale having a weight of less than two pounds is guilty of a class 4 felony; having a weight of at least two pounds but not more than four pounds is guilty of a class 3 felony; having a weight of more than four pounds is guilty of a class 2 felony.
    3. Produce marijuana having a weight of less than two pounds is guilty of a class 5 felony; having a weight of at least two pounds but not more than four pounds is guilty of a class 4 felony; having a weight of four pounds or more is guilty of a class 3 felony.
    4. Transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer marijuana having a weight of less than two pounds is guilty of a class 3 felony; having a weight of two pounds or more is guilty of a class 2 felony.

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Narcotic drugs - A.R.S. 13-3408.

  1. A person shall not knowingly:
    1. Possess or use a narcotic drug is guilty of a class 4 felony.
    2. Possess a narcotic drug for sale is guilty of a class 2 felony.
    3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug is guilty of a class 3 felony.
    4. Manufacture a narcotic drug is guilty of a class 2 felony.
    5. Administer a narcotic drug to another person is guilty of a class 2 felony.
    6. Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge is guilty of a class 3 felony.
    7. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug is guilty of a class 2 felony.

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Notice of conviction to be sent to licensing board - A.R.S. 13-3414.
On the conviction of a person of an offense in this chapter, a copy of the judgment and sentence, and of the opinion of the court or magistrate, if any opinion is filed, shall be sent by the clerk of the court, or by the magistrate, to the board or officer, if any, by whom the convicted defendant has been licensed or registered to practice a profession or to carry on a business. On the conviction of any such person, the court may, in its discretion, suspend or revoke the license or registration of the convicted defendant to practice the profession or to carry on the business. On the application of any person whose license or registration has been suspended or revoked, and upon proper showing and for good cause, such board or officer may reinstate the license or registration.

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Prescription-only drugs - A.R.S. 13-3406.

  1. A person shall not knowingly:
    1. Possess or use a prescription-only drug unless the person obtains the prescription-only drug pursuant to a valid prescription of a prescriber who is licensed is guilty of a class 1 misdemeanor.
    2. Unless the person holds a license or a permit, possess a prescription-only drug for sale is guilty of a class 6 felony.
    3. Unless the person holds a license or a permit, possess equipment and chemicals for the purpose of manufacturing a prescription-only drug is guilty of a class 1 misdemeanor.
    4. Unless the person holds a license or a permit, manufacture a prescription-only drug is guilty of a class 1 misdemeanor.
    5. Administer a prescription-only drug to another person whose possession or use of the prescription-only drug violates any provision of this section is guilty of a class 1 misdemeanor.
    6. Obtain or procure the administration of a prescription-only drug by fraud, deceit, misrepresentation or subterfuge.
    7. Unless the person is authorized, transport for sale, import into this state or offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a prescription-only drug is guilty of a class 6 felony.

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